Author Archives:
Warhol v. Goldsmith – My Hot Take
Some interesting and telling moments in yesterday’s Supreme Court oral argument of the Warhol v. Goldsmith case started with the Syracuse hypothetical Justice Thomas posed to the attorney for the Warhol Estate. At bottom the case is about whether Warhol’s orange color alteration of Goldsmith’s photo of Prince qualifies as copyright fair use. Justice Thomas […]
U.S. Copyright Deposits Are Important
U.S. copyright applications must be accompanied by a deposit of “complete copies of the best edition.” Two recent cases underscore the importance of deposit copies. In Pyrotechnics Management v. XFX Pyrotechnics, plaintiff claimed defendant infringed by copying computer commands designed to manage firework displays, generated in accordance with a method protocol. The deposit copy, however, […]
Connecticut Personal Data Privacy Law – What to Know
Connecticut passed a personal data privacy law this year. Here’s what businesses should know. The law includes industry-specific and data-specific requirements, so business-specific analysis is required. The law takes effect July 1, 2023, so there is time to prepare. The law applies only to businesses possessing data of 100,000 or more CT consumers (if the […]
Substantial Similarity 2022 Released
Release #19 of Substantial Similarity in Copyright Law is now available from PLI.
August 6, 2021
2021 Substantial Similarity in Copyright Law Update Released Release #18 of our treatise Substantial Similarity in Copyright Law is now available from PLI.
Breaks for Trademark and Copyright Owners
The USPTO is allowing extensions for trademark owners affected by the Corona virus. The Copyright Office is basically closed for personal contact and mail, but moving along on all things electronic.
2020 Substantial Similarity Update
Last week my father and I finished the 17th annual update of Substantial Similarity in Copyright Law. As was the case last year, the 9th Circuit upset the apple cart near the end, this time issuing the en banc decision in the Led Zeppelin case just days before the update was due. We got it in there though, so […]
Entertainment and Tech in NYC
On Thursday, September 26, Eric Osterberg will be speaking on a panel with Arthur Levy, Judith Finell and Robert Clarida about music copyright infringement cases at the Music Business Association’s Entertainment and Technology Law Conference in New York City.
Busy Few Months
It’s been a busy few months writing and speaking. We finished the update to Substantial Similarity in Copyright Law in May, updated the Practical Law Substantial Similarity piece in June and taught AIMP Summer School in July. Thank you to all the clients who assigned work that was equally interesting and challenging this spring and […]
2018 Substantial Similarity Update Available
The 2018 annual supplement to our treatise Substantial Similarity in Copyright Law is now available from PLI.
